New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-30
THE FAMOUS RAILROAD DEAL
Mr. eARRErrs AGREEMENT WITH IVES.


CLAIMING THAT THE SELLER COULD NOT DELIVER
MR.. IVES COMMENTS ON THE CONTRACT.
Tbx agreement between Robert Garrett and Henry ..
ives Co I'm what has become famous the Baltimore
and Ohio DEAL has been printed In full In The Cincinnati
Enquirer In the shape Of Baltimore dispatch. IL IL
stated in this dispatch that second agreement was
signed on the day with variations in the pur
chase price II stated also that Ives Co. paid Pres-
dent Garrett 900 in cash and gave him S1500o0O
preferred stock the Cincinnati Hamilton and Dayton
Railroad in further support Of the contract IL claimed
on the part OF the NewY firm that MI Garrett never
had the full amount Of stock which he agreed to deliver
and that he could declare the contract closed until
he had made full tender of the stock and been refused
payment In that event his remedy would Dc 10 sell tue
stock for the account OF Ives Co.
The full text OF the agreement Is as follows:
agreed Geo. stayner and Henry Ives for
e est =, lSs s aoa psry q. follows
The second pary 20 .1 ana HIs
O0O shares of the common stock OF the Batmore and
Of Shi the common and
nSa so sn$ oil
IN Four milton ve thousand dollar. "a ooo
shall be paid order of said Garrett at the ONCE Of Henry
Ives s, Co. 80 20 On or before
The OF ad Of % , psy
psyas at n. sand once 70 the order Of Garrett bearing
an.a the tas 81
.ad notes before ,aTy upon gs Civ ne
make such payments and o. the times thereof
S's sss saes sS@SS. SSi 1857
said notes shall secured by the aboyenamed stocks
certificate. for which shall be Transferred on The book. Of
and HsTy and S IN I 81
ands6a remain possession Of The second party stand
the said q their r.. ,ns ~ asas G h F
right Of the rs, party, their assigns to vote on all Of as
st . IS os
said likewise be paid by the second party as
G s The
for the purchase OF other stocks 81 The and ONO
Upon the payment OF the msntoncd in this agree
s1S !" s 6o s o Of stack shall Be
delivered the first party at the said Office OF Henry Ives
T. There shall AWAY. be kept good BY the r.t party mar
amount tho market price OF the sad stock, o. the
n beeoe doe on All Of the sa notes received nndsr both
agreements falling due April 20 lsss or IN cash or in other
In case OF failure to keep mp margin in the
eS MATURE the SAID
diatey ami slali be Lawful for the second party
days notice 70 the first part TO sell said stocks or any part
party make good said rgn and at such sales the sec
Sn ami The posoe Of such sale OF sales hall be fs
applied to me expense o. making me nS snn 70 mo ay
be paid 70 the trst party -, -, ro,.-
both paid the common stock OF the Baltimore
aSa SnI ShoSt s .ssn Of .aa arrs ave to ef.
ngush the floating debt OF the company and teoa not 10 be
steps or the made without the consent OF
80 o n sn gamble .i Of sym Z"
sell the pledged securities In like manner and upon
10 Within d,fs from The date hereof the arst party
tie OF said and the debt thereof as
not Correct then tho parties hereto
Sar ron bn e naG @ Correct S .,S
parry eIerc,e The option or ,ad D, n3t made
mrs, party as soon as The st.mnton Is made and within
whether said statement, have bsen found Enthusiastically
rect and not whether said nr, party exercise their opton
provided by this contract a, herein set forth.
Telegraph Company Of the baltimore On cypress and
the Iamore and Ohio ,eePngear system shall remain as
and disposal OF the plant Of either or any them shall %
unit. the D.sSiory Of n, sS,STe and Ohio s al con.
disposal or other pledge OF the sam. Tor noane
company shall shown BY said state
mens until said tire tho hrst partys compliance with
the other terms OF this agreement
any time ts'Ss day. rom d Su s
share, Of The stock o. n. samors ana
and for the At the rate OF two
q ~. ef.i party "a .asa .mSs., sad
ready delivery saTs than April 30 1887
pas . C 20 ad n
like manner as the other notes and the shares purchased
collateral ,sear, Tor a. % the notes. and as % %.r.n
the sane terms as the other stocks purchased under this
agreed there shall be without tho assent Of
the Of The present capital stock Of The
Baltimore and Ohio Railroad Company, which Is common
stock. fii 700 sos: preferred stock: $1,000
Sth day Of March, 1887. GEORGE III. STArNEK,
HENRY =. fyRs
ROBERT GAHgErr.
Henry s. Ives rad this printed agreement carefully
and then remarked yesterday:
Mr. Garrett sfterwari insisted upon another cash pay
me and sent him 100000 more He extended the
other payments from time 10 time and hts published
letter declaring the negotiations At end was the
received that he did not intend 10
out the OF the contract think Mr. Garrett must
suffering from his usual trouble after dining
when lie published this last letter. Al any rate have
the slightest donbt that from him not
only the money and securities We gave him but also
large damages for the injuries caused us. | cannot
measure the damage but should not have been forced
make assignment II Mr. Garrett had not done what
he did suddenly ana without notice.
The assignee said that lie would have detailed state
ment ready for publication to-day.
Chief Justice Larremore. the Court OF Common Pleas,
yesterday granted order requiring eH-
Judge Davis referee, 20 return unsigned the testimony
given before him by Henry g. Ives and his partners.
J. j. Adams, their counsel, who applied for tho order.
said that he proposed to TO strike out all those
portions OF their testimony which elicted By ques
lions propounded by the referee whose right to examine